Canadian cannabis advocates are calling on the federal government to relax strict limits on the potency of cannabis edibles with a petition seeking a tenfold increase in maximum permitted THC levels. 

Canada legalized cannabis through an act of Parliament in 2018, and retail sales of cannabis extracts and edibles were authorized for licensed operators one year later. Regulations on edibles set strict potency limits, however, with a cap of 10 milligrams of THC per product. In contrast, California, the largest regulated market in the United States, limits THC to 100 milligrams per package, with a per-serving cap of 10 milligrams.

Last year, an Independent Expert Panel began a mandated review of Canada’s cannabis regulations. Advocates for the regulated industry see the review as an opportunity to push lawmakers to increase the THC limit on edibles, launching a petition last week calling on the federal government to increase the limit to 100 milligrams per package.

Jennawae Cavion, the executive director of the Canadian chapter of the National Organization for the Reform of Marijuana Laws (NORML Canada) told the National Post that regulations that strictly limit the potency of edibles make it difficult for licensed businesses to compete with illicit operators.

“It’s driving the market to the unregulated market, which (licensed) cannabis retailers cannot compete with,” Cavion said.

Sam Gerges, the owner of the licensed retailer Mary Jane’s Cannabis, agreed that the THC limit on edibles hinders the regulated market from competing with unlicensed operators.

“No one who buys 100 to 1,000 mg edibles on the streets is going to buy edibles from legal retailers,” he said. “That’s like selling non-alcoholic vodka and saying it’s the real deal.”

The authors of the petition note that a government agency charged with maintaining a competitive business environment and Ontario’s sole authorized cannabis distributor have called for an increase in the THC limit for weed edibles.

“Both the Canada Competition Bureau and the Ontario Cannabis Store have called upon Health Canada to increase THC limits,” the petition reads. “The Competition Bureau has stated that ‘restricting THC levels may not be necessary to achieve the government’s objectives,’ while the Ontario Cannabis Store has emphasized the need to ‘revisit the current THC limits.’ These endorsements from reputable organizations highlight the importance of reconsidering the current restrictions.”

Report On Legalization Released Last Month

The Independent Expert Panel began its work in 2022 and issued its first report last month. Many of those interviewed for the report recommended against making “large-scale changes” to regulations so soon after they took effect, with some even suggesting that the minimum age for purchasing and using cannabis should be increased to 21 from the current 18. 

“Many public health stakeholders and some provincial and territorial government officials focused on reinforcing the value of existing regulatory controls, such as the THC quantity for edible cannabis products and promotion restrictions, to reduce harms,” the report reads.

The review panel’s report also noted that 10 milligrams was established as a “reasonable upper-limit” to avoid overconsumption by inexperienced consumers and that more experienced users tend to prefer smoking or vaping cannabis over edibles. The report also noted that some disputed the notion that the THC cap on edibles is driving consumers to the unregulated market.

“Some researchers suggested that it is rare that higher dose edibles drive consumers to purchase illicit cannabis, as consumers often cite convenience, price and quality as reasons for purchasing illicit products,” the report notes.

Cavion disagreed, saying that low-potency edibles are indeed a factor driving consumers to illicit operators. She also noted the regulations are inconvenient and promote unhealthy eating.

“The other part of it is the amount of sugar you have to consume to get your regular dose,” she said. “I shouldn’t have to eat 10 fun-sized chocolate bars when I can just have a few squares of one chocolate bar — if it has to be chocolate at all.”

Michael DeVillaer, an assistant professor at McMaster University’s Department of Psychiatry and Behavioural Neuroscience, argued against hiking Canada’s THC limit on cannabis edibles.

“Given the potential public health risks, I would place the onus on the petitioners to provide market research that shows there is truly high consumer demand for higher THC product,” said DeVillaer, who is the author of a book on Canada’s legalization of cannabis. “But even if there is such demand, that does not mean we should imperil public health protection for the industry’s interests in market expansion.”

“If the cannabis industry and government are sincere about wanting to compete with the unlicensed trade, they need to clean up the licensed one which is fraught with regulatory violations, including poor product integrity which includes use of unauthorized pesticides, mold, microbial and chemical contaminants, incorrect labeling, and misrepresented products,” DeVillaer added. “These are the historical liabilities of the unlicensed trade that the licensed trade was supposed to fix.”

Cavion countered that strictly regulating cannabis industries will encourage consumers to seek the products they like from unlicensed businesses.

“If we want legalization to be a success, we can’t be limiting the creativity of licensed producers,” she said. “This isn’t an institutional product — it’s recreational cannabis, it’s literally meant for us to have fun.”

Canada’s House of Commons began accepting signatures for the petition to increase the THC limit for cannabis edibles on November 8. The signature collection is scheduled to end on March 7, 2024, at 11:31 a.m. EDT.

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Two cannabis bills were recently sent to the desk of Gov. Gretchen Whitmer, and if passed, would work in tandem to allow the Cannabis Regulatory Agency (CRA) to do business with local Native American cannabis businesses, and vice versa.

Currently, state licensed cannabis and tribal cannabis businesses must operate separately from one another and cannot trade or do business with one another. Senate Bill 179 and Senate Bill 180 would permit these two distinct parts of the industry to interact.

“According to committee testimony, the marijuana industry regulated by the CRA and businesses operated by tribal members on tribal lands are currently in two separate silos, meaning that product cannot be sold between these businesses,” the analysis stated. “The bills are intended to allow for the sale of product between the two types of businesses while maintaining a level playing field by requiring tribal businesses to pay the same tax rate as other businesses.”

SB-180, sponsored by Sen. Roger Hauck, would allow the CRA to enter into an agreement with a Native American tribe “regarding marijuana-related regulatory issues that involve the interests of Michigan and the Indian tribe, including those related to the commercial growing, processing, sale, testing, transportation, and possession of marijuana.” Tribal businesses would be exempt from the 10% state excise tax on cannabis but would instead implement a tribal tax of 10% instead.

It also includes a section clearly stating that it is not unlawful to conduct these agreements. “The act currently provides that certain acts performed by licensees are not unlawful; not an offense; not grounds for seizing or forfeiting property; not grounds for arrest, prosecution, or penalty in any manner; not grounds for search or inspection except as authorized by the act; and not grounds to deny any other right or privilege.”

SB-179, sponsored by Sen. Jeff Irwin, amends state law to give a portion of state cannabis tax revenue to tribes who allow state licensed cannabis business on their land. “The bill would provide that, if a marijuana retailer or microbusiness is located in Indian lands, the portions of the unexpended balances attributable to the marijuana retailer or microbusiness that would otherwise have been allocated to a municipality and a county as described above must instead be allocated to the Indian tribe in whose Indian lands the marijuana retailer or microbusiness is located.”

Both SB-180 and SB-179 must be passed in order for them to take effect. The Native American tribes in support of this include the Grand Traverse Band of Ottawa and Chippewa Indians, Saginaw Chippewa Indian Tribe, as well as the CRA, Common Citizen (a Michigan-based cannabis brand), and Michigan Cannabis Industry Authority.

Numerous other cannabis- or psychedelic-related bills have also been working through the legislature recently. In July, the Michigan Civil Service Commission adopted a rule to stop cannabis drug screenings for most state government employees. Commission member Nick Ciaramitaro explained that it’s long overdue to implement the new rule. “Whether or not we agree with it or not is kind of beyond the point,” said Ciaramitaro. “Use of marijuana on the job is different than having used it months before you take the test … It doesn’t make sense to limit our ability to hire qualified people because they took a gummy two weeks ago.” The rule took place starting on Oct. 1.

In September, Michigan legislators passed a resolution and asked congress, the Department of Defense, and Department of Veterans Affairs to “prioritize research and investment in non-technology treatment options for servicemembers and veterans who have psychological trauma as a result of military service.”

The resolution also addresses how “effective treatment options for these conditions vary from servicemember to servicemember” when it comes to psychedelic treatments. 

It also adds the importance of supporting veterans’ family members as well, stating that “resources should be made available to help them understand and assist their loved ones who may be suffering from psychological trauma. Family members of servicemembers or veterans with behavioral health problems may experience family violence and aggression, lower parenting satisfaction, and child behavior problems.”

A new bill introduced earlier this month focuses on cannabis for students kindergarten through 12th grade. If passed, it would allow cannabis to be on campus for medical use, as long as two medical professionals have provided written permission. Additionally, teachers would oversee administering the medicine.

In August, the Michigan Cannabis Regulatory Agency reported cannabis revenue was at record-highs, having collected $276 million in sales for the month of July. Despite high sales numbers, many cannabis businesses have reported low profits. National Cannabis Industry Association’s senior economist, Beau Whitney, explained the effects of new licenses being approved, creating endless competition. “It’s kind of a race to the bottom, as they call it,” said Whitney. “Prices are going down, down and down because there’s so much competition, but at some point, prices won’t be able to go down any further.” 

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Over the course of the past two years, TheraPsil has assisted over 130 patients, but it calls the country’s current limitations a “cruel approach” on the part of Health Canada. The organization has attempted to set up a formal meeting with parliament members, but so far has been denied, so it’s taking the conversation straight to the capital to protest between Nov. 28-30.

According to TheraPsil CEO Spencer Hawkswell, there needs to be a proper channel for patients to be able to legally access psilocybin and psilocin. “There is ample evidence of both the safety and efficacy of psilocybin in the treatment of various mental health conditions,” said Hawkswell in a press release. “The previous Minister recognized this and started approving exemptions. Unfortunately, this Minister has stopped and refused to consider reasonable regulations to ensure vulnerable Canadians don’t have to go to Court to access treatment that can improve their quality of life and death.”

Currently, psilocybin and psilocin are listed as a Schedule III substance under the Controlled Drugs and Substances Act. However, some patients gain legal access with an improved exemption called the Special Access Program. 

TheraPsil uses the example of Thomas Hartle, who was diagnosed with cancer in 2016, to demonstrate the problems that patients are encountering. Hartle was one of the first to receive approval from former Health Minister Patty Hajdu to use psilocybin to treat “end-of-life anxiety” in 2020, which was valid for one year. His treatments were successful, and he reapplied for continued access in October 2021, but was denied by current Health Minister Jean-Yves Duclos.

“We hope to meet with the Minister to find out why he and his officials are being so cruel to us,” said Hartle in a press statement. “Instead of a compassionate response, Health Canada is referring dying and vulnerable patients to a special access program that results in lots of red tape but no access for most. Many, like me have gone over a year without a response to their urgent requests.”

TheraPsil will be arranging media interviews over the next few days to raise awareness both for the medical benefits that psilocybin offers, as well as the need for improved access. “Mental health is a non-partisan issue,” said palliative care physician Dr. Valorie Masuda. “Reasonable treatment options should be available to Canadians who have the right to MAiD [Medical Assistance in Dying]. It is cruel to withhold medicine from vulnerable patients, especially when those medicines have worked for them.”

TheraPsil also sent a joint letter earlier this month signed by medical practitioners and social workers calling for the need for psilocybin regulations. “We believe that our patients have a right to Medical Psilocybin and this open letter is to demand this right on their behalf. We need a compassionate and immediate response and solution to the Section 56 applications for psilocybin access and seek your response to our proposed request for ‘Access to Psilocybin for Medical Purposes Regulations,’” the letter stated.

Meanwhile in Canada, Apex Labs received a “no objection” letter from Health Canada, which effectively greenlit the first North American study on psilocybin as a treatment for military veterans who suffer from conditions such as depression and post-traumatic stress disorder. “Veterans are already self-medicating with micro-doses of unregulated psilocybin products without knowing the potency and safety of the product they are consuming,” said Apex Labs CEO Tyler Powell. “Our goal is to expand access to pharmaceutical grade drug products through regulated systems, providing transparency and support for patients in need.”

A new study published in The New England Journal of Medicine on Nov. 3 also provided evidence of the benefits of psilocybin in a double-blind trial. “In this phase 2 trial involving participants with treatment-resistant depression, psilocybin at a single dose of 25 mg, but not 10 mg, reduced depression scores significantly more than a 1-mg dose over a period of 3 weeks but was associated with adverse effects,” the researchers wrote. Those adverse effects included headaches, nausea, dizziness, and suicidal ideation.

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